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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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1)Please send case examples where defamation has been sucessfully

Resolved Question:

1)Please send case examples where defamation has been sucessfully proven and awards achieved.
2) If the defendent agreed not to defame an employee as a part of a written separtion agreement, and then does defame the former employee anyway , are their case law examples of successful lawsuits? Has the former employer committed fraud by signing such an agreement and then very quickly violating it?
Submitted: 8 years ago.
Category: Business Law
Expert:  socrateaser replied 8 years ago.

1) Please send case examples where defamation has been sucessfully proven and awards achieved.

 

A: There are litterally hundreds of case law examples in the area of employer-employee defamantion. Most are resolved in favor of the employer, because the defamatory statements are made in connection with some legally privileged context, such as unemployment or workers compensation benefits. An excellent discussion of why these claims fail can be found in Exxon Mobil Corp. v. Hines, 252 S.W.3d 496 (Tex.App. Dist.14 02/26/2008).

 

Rather than load you up with a bunch of cites that will mean nothing to you until you read the decisions, I suggest that you purchase a subscription for a month at http://www.versuslaw.com/ for $13.95, and then search the state appellate court database using the search terms: "(defamation or libel or slander) w/10 employer".

 

You will be rewarded with hours of reading material.

 

2) If the defendent agreed not to defame an employee as a part of a written separtion agreement, and then does defame the former employee anyway , are their case law examples of successful lawsuits?

 

A: This sort of agreement is somewhat nonsensical, because it turns what would ordinarily be an intentional tort into a contractual agreement. And, since the plaintiff's contract rights would generally be less powerful than those provided by the common law (unless there were an attorney's fee clause), there would be little reason for anyone to ever make such a contract.

 

There are no case law examples of this scenario, as far as I'm aware.

 

3) Has the former employer committed fraud by signing such an agreement and then very quickly violating it?

 

A: No, unless there is separate evidence outside of the contract itself to support the claim that the employer never intended to honor the agreement before it was made. Otherwise, it's just a breach of contract.

 

Hope this helps.

 

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